Synopsis

Can children from a void second marriage claim father’s property? Know their inheritance rights under Hindu law. HC says Section 16 of the Hindu Marriage Act, can mean that a child born from a second marriage which was proved as void can still inherit the father’s property.

There are many cases in India where husbands choose to marry for a second time for various reasons. But there’s this interesting case that came up in the Andhra Pradesh High Court that highlights the challenges faced by children born from a second marriage, especially when the first one never actually ended.



The Andhra Pradesh High Court ruled that under Section 16 of the Hindu Marriage Act, a child born from a second marriage which was proved as void, can still inherit their father’s property.



The whole thing started because of a property dispute involving Mr Rao, who had been married twice. He had a son from his second marriage who wanted a share of Rao’s properties. His first wife refused to recognise his inheritance rights as she claimed that Rao’s second marriage was void since Rao was still married to her. The Andhra Pradesh High Court agreed that the second marriage was void, but ruled that the son from that marriage was still entitled to inherit from his father under Section 16 of the Hindu Marriage Act.

Here’s more about what went down with Rao: he passed away in 1990, and right away, his first wife, second wife and the son from his second marriage wanted a piece of his estate. They each claimed a 1/3 share; however, due to the dispute between them in 1993, the son from the second marriage signed a compromise deed and received Rs 5.5 lakh as full and final settlement. In 1995, another compromise deed was signed with him, and following this, he got certain properties while the rest went to Rao’s elder brother’s son.



Rao’s son from his second marriage was still a minor when both these compromise deeds (1993 and 1995) were executed. After becoming an adult, he challenged the 1995 compromise deed before the Additional District Judge, District Court of Vijayawada. He argued that the required permission of the court was not obtained before compromising a minor’s claim. The court agreed with this argument and said that he had every right to challenge the compromise.



On top of that, the court also rejected Rao’s elder brother’s son’s reliance on those alleged Wills because they were never produced or properly proved. So those Wills ended up staying unproved.



Ultimately, after a long legal battle, the Andhra Pradesh High Court decided that Rao’s son from the second marriage should get 5/6 th share and Rao’s elder brother’s son get a 1/6 share in the disputed properties. The 1995 compromise was set aside, and the trial court was directed to divide the properties accordingly.

What does this judgement mean for children born out of second marriage?

Bijal Ajinkya, Partner at Khaitan & Co, explained to ET Wealth Online that this judgment is a reaffirmation of certain key principles of Hindu succession:



(i) protection of minors, from being short-changed during their minority, and



(ii) the valid inheritance rights of children born of void marriages and their treatment as legitimate children for the purposes of intestate succession.



According to Ajinkya, the Andhra Pradesh High Court judgement, reaffirmed the fact that no minor can be bound by a compromise or settlement entered into without the court’s approval. Under Order 32 Rule 7 CPC, such a compromise is only voidable which means the minor can challenge it after attaining majority.



Ajinkya points out that this ensures that minors’ inheritance rights are safeguarded and cannot be quietly compromised by guardians or relatives without judicial oversight. It also clarifies that the general bar on challenging compromises (available under law – Order 23 Rule 3A) does not override a minor’s statutory protection.



Ajinkya says that this judgment also gives clear effect to Section 16 of the Hindu Marriage Act. It confirms that children born of void marriages are legitimate for inheritance purposes and can inherit from both parents, and their grandparents (if such parent is predeceased), unless a valid Will provides otherwise.



Ajinkya says: “It ensures such children are not left legally disinherited due to the actions of their parents. It must be highlighted that under Hindu succession law, the legal heirs of a Hindu woman are her husband and children.”



In this particular case, as she had no surviving husband or children, her estate devolved to the next valid set of heirs, the heirs of her husband. This is how her stepchild ended up receiving the estate. It should also be noted that the estate that was being disputed was specifically the estate received by the stepmother, from her late husband (the minor’s father).



The court also cautioned that Wills must be properly proved to displace statutory succession rights, and that oral or unsubstantiated testamentary claims will not stand.

How can this judgement impact succession planning?

Ajinkya says that from a planning perspective, it is important to ensure that



(a) settlements involving minors are undertaken with caution. Any arrangement without judicial sanction can later be set aside by such minor when they attain the age of majority;



(b) children from void or second marriages must be expressly accounted for in wills and family arrangements to avoid disputes;



(c) Wills must be executed and stored properly as informal promises or unregistered documents are unlikely to withstand legal scrutiny.



Plus, according to Ajinkya, a periodic review of Wills and related legal documentation, especially after life’s milestone events such as a marriage, divorce, or the birth of any child, is absolutely necessary as it helps families reorganise their affairs based on a new familial environment.

What does this judgement clarify about Hindu Marriage?

Heena Chheda, Partner at Economic Laws Practice, explains what this judgement means for children from second marriage:

Children of void marriages are legitimate heirs

The high court clarified that even if a marriage is legally void, children born out of such marriages cannot be treated as illegitimate when it comes to inheritance.



Relying on both Section 16 of the Hindu Marriage Act and a recent Supreme Court judgment (Revanasiddappa vs. Mallikarjun, 2023), the high court judges ruled that such children are entitled to inherit their parents’ property, including their share in ancestral assets/ joint family property following a "notional partition".



The high court held that as per Section 15 (1) (a) of the Hindu Succession Act, Rao’s son from his second marriage, along with the defendant (Rao’s elder brother’s son), were held to be entitled to equal shares in their paternal grandmother’s 1/3rd share in property.

Right to inherit from a stepmother

Another significant aspect was the recognition of Rao’s son from second marriage’s right to inherit from his stepmother (Rao’s first wife) who had inherited a share from Rao (husband).



Since she (the first wife) died without leaving a will, the high court reasoned that under Section 15 (1) (b) and Section 15 (2) (b) of the Hindu Succession Act, her 1/3rd share in the property went back to her husband’s heirs, i.e Rao’s son from second marriage.

Protection against unfair compromises in childhood

The high court also observed that any settlement or compromise made on behalf of a minor without the court’s sanction is voidable. This meant that Rao’s son from second marriage was within his rights to challenge the compromise decree passed in 1995 that had reduced his share.



Chheda says that this judgment carries far-reaching consequences:

• It strengthens the principle that children cannot be punished for the marital status of their parents.
• It provides judicial clarity on succession rights through stepmother in cases where property devolves back to the husband’s heirs.
• It reaffirms safeguards available to minors in case of sales/compromise decrees involving their right.

Chheda says: “The ruling stands as a progressive precedent in Hindu succession law, by extending protection to children born from void marriages.”

(Join our ETWealth WhatsApp channel for all the latest updates)

Add as a Reliable and Trusted News Source
Add Now!

(Catch all the Personal Finance News, Breaking News, Budget 2025 Events and Latest News Updates on The .)

…more